Bill Text: NY A04295 | 2023-2024 | General Assembly | Introduced

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Bill Title: Makes it unlawful to provide valuable consideration for the donation of human eggs for scientific research.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-01-03 - referred to health [A04295 Detail]

Download: New_York-2023-A04295-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4295

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M.  of  A.  FITZPATRICK,  BARCLAY,  BRABENEC, DeSTEFANO,
          J. M. GIGLIO, MORINELLO, NORRIS, RA, TAGUE -- Multi-Sponsored by -- M.
          of A. MILLER -- read once and referred to the Committee on Health

        AN ACT to amend the public health law, in relation to making it unlawful
          to provide consideration for the donation of human eggs for scientific
          research

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  4311 to read as follows:
     3    § 4311. Prohibition of valuable  consideration  for  the  donation  of
     4  human  eggs  for  scientific  research.  1. It shall be unlawful for any
     5  person to knowingly provide or offer to provide  valuable  consideration
     6  to  any  woman who donates a human egg for scientific research. It shall
     7  further be unlawful for any advertising or publicity aimed at recruiting
     8  donors of human eggs or encouraging donation of human  eggs  to  include
     9  any  reference,  express  or  implied,  to  the  possibility of valuable
    10  consideration for such a donation, although reference may be made to the
    11  availability of reimbursement for actual expenses, as permitted by  this
    12  section.
    13    (a) The term "valuable consideration" shall not include the reimburse-
    14  ment of actual expenses incurred by the woman herself in connection with
    15  the donation of an egg.
    16    (b)  The term "actual expenses" shall be defined as necessary expendi-
    17  tures paid or incurred by the woman herself, including travel,  housing,
    18  and  lost  wages,  but  shall  not  include  any  indefinite or inchoate
    19  expenses, such  as  inconveniences  or  burdens.  Reimbursement  may  be
    20  provided  for  actual and reasonable medical expenses incurred by an egg
    21  donor who becomes ill as a direct result of the donation.
    22    2. Any person that accepts the donation of human eggs shall maintain a
    23  record of all expenses  reimbursed  to  donors,  containing  information

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08422-01-3
        A. 4295                             2

     1  about the date, amount, recipient, specific justification and documenta-
     2  tion supporting each reimbursement.
     3    3.  Any  person  that  accepts the donation of human eggs shall obtain
     4  from the donor a certification that no valuable consideration  was  paid
     5  to  her  by  any  person  for  her  donation  of  an egg, except for the
     6  reimbursement of actual expenses as  permitted  by  this  section.  Such
     7  certifications shall be required to be maintained by the person or enti-
     8  ty in their records.
     9    4.  This  section shall not apply to the procurement of human eggs for
    10  the treatment of infertility.
    11    5. Any person who violates this section shall be guilty of a  class  E
    12  felony.
    13    § 2. This act shall take effect immediately.